Photo from the press hearing video.
A panel of judges in Ohio questioned state attorneys on Tuesday about why taxpayers foot the bill for private school tuition.
Principals of public schools, including Cleveland Heights-University Heights, traveled to Columbus for a morning hearing before the 10th Circuit Court of Appeals.
More than 300 public school districts are suing the state’s private school voucher program, dubbed EdChoice by lawmakers. Thanks to it, every family, regardless of their income level, can obtain taxpayers’ money for education in non-public schools.
Last summer, a trial judge ruled the program unconstitutional.
The state appealed most of the ruling, while the schools deny the only charge brought against them. Schools complain that the voucher program segregates schools, but a judge said there was no evidence of that.
Schools are currently experiencing cuts to jobs, classes and sports as many struggle with budget shortfalls.
“The damage to Ohio’s amazing public schools is undeniable,” said Dan Heintz, Cleveland Heights-University Heights School Board member.
Some, like Heintz, still don’t have air conditioning.
Public schools deserve more money, he and attorney Miriam Fair of Cleveland said.
“The General Assembly has abdicated its constitutional responsibilities to public school students and has instead prioritized private education,” Fair said during a court appearance.
The nonpartisan research group Policy Matters Ohio found that K-12 schools will be underfunded by nearly $3 billion over the next two years.
In fiscal year 2025, more than $1 billion in taxpayer dollars went to private schools. Private schools are expected to receive more than $2 billion over the next two years.
Some supporters of private school vouchers say public schools are wasting money in lawsuits, some of which they claim is needed.
“When they come begging for more taxes, ask them why they spent the money you already gave them on failed lawsuits,” Attorney General Dave Yost said in response to X’s post about the start of the trial.
Over the past four years, each participating school has spent $2 per student, Heintz said.
Based on that number, the coalition spent $1.7 million in legal fees. That’s a drop in the ocean compared to the $3 billion they said was underfunded.
Judges David Leland, Kristin Boggs and Shawn Dingus will decide whether they completely agree with Franklin County Common Pleas Judge Jaiza Page’s ruling.
But the state and a coalition of families using private school vouchers are resisting, saying education funding does not come from the same pool of money.
“There is no inherent link between EdChoice funding and public school funding,” said Deputy Solicitor General Stephen Carney.
Carney is joined by Keith Neely of the Institute for Justice, which represents a group of private school families.
It cannot be said that if vouchers for private schools disappear, the money will go to public schools, he added. This could be spent on other priorities, such as Medicaid.
Carney said the money could also go to public education by canceling donations lawmakers made to the Cleveland Browns for their up-to-date stadium.
“I just want to add a little bit of controversy to today,” he said.
The justices seemed to agree with that opinion, repeatedly asking lawyers for the Vouchers Hurt Ohio school coalition how ending the private school voucher program would assist them.
Attorney Mark Wallach responded that there was a “laundry list” of other ways the program “undermined” public education, such as violating the Equal Protection Clause.
Neely, however, said lawmakers have the right to fund both public and private education.
“(Families) will be forced to send their children to public schools that may not have been a good fit for them,” he said.
The referees constantly interrupted the state team.
The data shows that most people using vouchers for private schools already sent their children to non-public schools.
“What is the point, counselor, of having an admissions policy whereby students who can afford private tuition at private schools are nevertheless subsidized by EdChoice vouchers?” Judge Leland asked. “What is the government’s purpose for this?”
“Well, it’s about giving parents a choice,” Carney said.
“Why do we subsidize wealthy students who can afford to go to private school? Why do we pay for their education with taxes?”
Carney tried to explain that the private school voucher program was not just for the wealthy, but was also launched for lower-income families and students with disabilities. Neely said enabling choice is the crux of the problem.
Judge Dingus asked the state why it was the “parents'” choice when it was actually the school that decided who they admitted to the school.
He proposed a hypothetical situation in which an LGBTQ+ child would not be allowed to attend a private school. Carney acknowledged that “choice” is about applicability.
“I think this morning’s argument went well for us,” Neely said after the hearing. “At the end of the day, I think we all realize that this case will go to the Ohio Supreme Court one way or another.”
The Ohio Supreme Court, which Republican state lawmakers have openly labeled as biased since 2022, has a 6-1 Republican edge.
Appeals court judges will ultimately rule on the case, but Neely expects the panel, made up of Democrats, to side with the schools.
He believes that eventually the Republican-dominated Ohio Supreme Court will rule in his favor.
“From that perspective, I think today’s discussion is a success,” Neely said. “This brings us closer to that goal and we look forward to having that opportunity when the day comes.”
Heintz still hopes for victory.
“When the Supreme Court eliminates EdChoice vouchers, the money will be available and there will be a statewide expectation that Ohio public schools will be funded according to the promises made in the Constitution,” he said.
The voucher program remains in effect while the legal proceedings continue.
Follow WEWS statehouse reporter Morgan Trau X AND Facebook.
This article was originally published on News5Cleveland.com and are published in the Ohio Capital Journal under a content sharing agreement. Unlike other OCJ articles, it is not available for free republication on other news outlets because it is owned by WEWS in Cleveland.
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